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Towards a Model Sales Law in the Greater Bay Area: A Comparative Study of Contract Law in Mainland China, Hong Kong and Macau

Towards a Model Sales Law in the Greater Bay Area: A Comparative Study of Contract Law in Mainland China, Hong Kong and Macau

Author: Hao Jiang
Publisher: Edward Elgar Publishing
ISBN: 9781035317417
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,261.00

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Description
Contents

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This book analyses the complex system of contract law operating in the Greater Bay Area and examines the independent legal systems of Hong Kong, Macau and China in light of the region’s rapid economic integration. The book explores the differences between these systems in theory and in practice, and identifies the challenges and pathways to legal harmonisation in the region.

Hao Jiang brings together expert contributors, both from within the region itself and outside of it, to conduct a systematic doctrinal analysis of the region’s contract and sales law. Contributing authors assess legal transplants specifically tracing the influence of German civil law on China along with English common law and Portuguese civil law on Hong Kong and Macau. Chapters cover key doctrinal topics where the three laws converge and diverge including contract formation, pre-contractual liability, vitiating factors, good faith, change of circumstances, and remedies. Ultimately, the book highlights how a unified contract and sales law could facilitate cross-border transactions in the region, and lays the foundations for future empirical research on this subject.

Providing a comparative study of Chinese, Hong Kong and Macau contract law through the lens of European law, Towards a Model Sales Law in the Greater Bay Area is an essential resource for scholars, students and practitioners of private, sales and contract law.

A comparative study of contract law for the Greater Bay

Area: an introduction 1

Hao Jiang

The elements of a contract 19

Io Cheng TONG and Mauro Bussani

Contract formation 40

Célia F. Matias

Regulating pre-contractual liability: a general liability

basis or piecemeal solutions? 62

Isabel Mousinho de Figueiredo

Mistake and fairness: Divergence of doctrines and room

for harmonization 72